Within 30 days after an authorized written request for hearing is submitted to the Village Clerk, the Village Board shall conduct a fair and impartial hearing of the charges made against the officer and the disciplinary action taken. Said hearing shall be conducted as an adversary proceeding, in which the Department shall be represented by the Village Attorney and the disciplined officer shall have the right to be represented at his or her own expense by an attorney of his or her own choosing. Notice of the hearing, together with a petition setting forth the charges against the disciplined officer and the disciplinary action taken, shall be served upon the disciplined officer or his or her attorney no less than ten days prior to the hearing. The Mayor shall preside over the hearing, and a certified court reporter shall be present to administer oaths to all witnesses and record the testimony. The hearing shall not be bound by formal and technical rules of evidence; however, hearsay evidence will not be admissible. If the Village Board determines that the charges are not sustained, the disciplined officer shall be reimbursed for all wages withheld, if any, and reinstated to his or her position prior to the notification of disciplinary action. If the Village Board determines that the charges are sustained, then it shall either affirm the disciplinary action imposed or modify such disciplinary action where appropriate. The Village Board’s findings and decision shall be made in writing and presented at the first open Board meeting be served upon the disciplined officer.
(1999 Code, § 30-2-9) (Ord. 92-114, passed 8-10-1992)